Olsen v. Olsen [2012] NSWSC 540

Supreme Court New South Wales

Medium Neutral Citation: Olsen v. Olsen [2012] NSWSC 540 Hearing dates: 21 May 2012 Decision date: 24 May 2012 Jurisdiction: Common Law Before: S G Campbell J Decision: (1) Pursuant to r. 6.24(2) Uniform Civil Procedure Rules 2005, order that the applicant Julianne Lord be added as a defendant in the proceedings. (2) Pursuant to Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), S.5(1)(b) order that the proceedings numbered 2012/117181 be transferred to the Family Court of Australia, Sydney Registry to proceed with proceeding no. SYC 2584/12. (3) Order that the plaintiff pay the applicant's costs of the motion. (4) Reserve leave to the parties to apply either forthwith or by arrangement with my associate within three days to vary or set aside the costs order, at the risk as to costs of the party making such application. (5) The stay previously ordered is continued until further order of the Family Court of Australia, but only as to any application by the plaintiff for default or summary judgment. Catchwords: PROCEDURE - cross-vesting application - Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) - Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) - registered mortgagee of Torens Title land seeks possession - applicant in Family Court proceedings seeks to set aside mortgage - order seeking transfer of proceedings from Supreme Court of New South Wales to Family Court of Australia - whether it is more appropriate that the State proceeding be determined by the Family Court - whether Family Court has accrued jurisdiction to determine the proceeding in the exercise of Federal jurisdiction - whether it is in the interests of justice to transfer the matter - orders for transfer made. Legislation Cited: Family Law Act 1975 (Cth) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: ASIC v Edensor Nominees Pty Ltd (2001) 204 CLR 559 BHP Billiton Ltd v Schulz (2004) 221 CLR 400 Commonwealth of Australia v Mewett (1997) 191 CLR 471 Elias and Elias Pty Ltd Atf the Elias Family Trust v Antoun Toufic Chidiac and ors [2010] NSWSC 1364 Fencott v. Muller (1983) 152 CLR 570 Jackson v Mylan [2012] NSWSC 552 Kruger v The Commonwealth of Australia (1997) 190 CLR 1 Valceski v Valceski (2007) 70 NSWLR 36 Young v Lalic (2006) 197 FLR 27 Vaughan v. Frost [2010] NSW SC 492 Category: Interlocutory applications Parties: David Athol Olsen (Plaintiff) Carl Douglas Thomas Olsen (Defendant) Julianne Lord (Applicant) Representation: Counsel: Mr P. Cutler (Plaintiff/Respondent) Ms E. Weisske (Applicant) Solicitors: Martin Bullock Lawyers (Plaintiff) Karen L Haga & Associates (Defendant) Pearson Family Lawyers (Applicant) File Number(s): 2012/117181